Joel Hager's Southern West Virginia Research

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  • ID: I167915
  • Name: William Justice
  • Given Name: William
  • Surname: Justice 1
  • Sex: M
  • Birth: Abt 1625 in Southhampton, London, England 1
  • Death: 3 Feb 1664 in Kittawan Plantation, Weynoke Parish, Charles City County, Virginia 1
  • _UID: FCDA430F5CBD486480ABC8665D53BAC171B3
  • Change Date: 29 May 2007 at 20:00
  • Note:
    http://worldconnect.rootsweb.com/cgi-bin/igm.cgi?op=GET&db= :2957875&id=I0844

    Kittiewan the home of Wiliam Justice and Mary Frame Justice:

    Tradition has it that "Kittiewan" originally called "Kenwan " by the natives; and it was given by Chief Ope?anough, hal f brother and successor of Chief Powhatan, to Governor Geor ge Yeardly (early Governor of Virginia). It, at that time , consisted of over 1,000 acres. However, according to Vol . 111 of the Records of The Virginia Company; Governor Year dley on Nov. 18, 1618; was given the land that now comprise s "Kittiewan" and "Keynoke" in consideration of his long an d faithful service. He sold the improvements on the land t o Abraham Peirsey about 1626 and acquired 3700 acres in on e tract located near Eastville, Virginia. It was on the eas tern shore. Incidentally, Sir George Yeardley came to Virgi nia in 1609, was Governor, and presided over the first Legi slative Assembly held in the New World in 1619. He is burie d behind the chancel of The Old Jamestown Church.

    In 1640(?) this place was granted to William Justice, in pa yment for bringing colonists to settle in the new world. Wi lliam Justice was also a member of the House of Burgesses s at Jamestown.(?) "Kittiewan" remained in the Justice Fami ly until the early 1700's when the Rickman Family came int o ownership of the plantation. Dr. William R. Rickman marri ed Elizabeth Harrison, the eldest sister of the first Presi dent Harrison, of "Berkley". On the 18th day of May 1776 , a "continental hospital was established in the Commonweal th of Virginia by Congress, then setting and on the same da y, Dr. William R. Rickman of Virginia was elected (by the s ame Congress) as Director and Chief Physician of the same. " In appreciation of his services; between that date and Oc t. 21, 1780; when his resignation was accepted he was grant ed 6,666 and 2/3 acres; by Congress; which was located in O hio and Indiana. Dr. and Mrs. Rickman are buried within a d ouble brick walled cemetery as requested by Mrs. Elizabet h Rickman Edmundson, in her will. The ? has provided a marb le marker in honor and recognition of Dr. Rickman.

    During the war between the States, the Federal Ships anchor ed in the James River; as the troops came ashore - in smal l boats- by way of "Kittiewan" grounds. They camped there a nd dug trenches and cannon pits from the creek on "Kittiewa n" to westward across ? hbend" and "Upper Weynoke", to th e James River. They expected the Confederate Troops to atta ck them, from the North. Remains of the trenches may stil l be seen on "Kittiewan". Charles City County was occupie d at various times between 1860-1865 by Union Troops; unde r McClellan, Grant and Sherman. This area was probably unde r General Sheridan's Troops.

    Three ex-slaves; Aunt Patsy Hilton, Aaron Hilton, and Pleas ant Whiting still survived when Mr. L. M. Clark purchased t he place in Dec. 1909. They related some of their experienc es of the war, when the place was occupied by Union Troops . Aunt Patsey said that the Yankee Troops camped north of t he Old House to the main road. She told how the soldiers st acked their guns like shocks of fodder. To quote her "I tel l you, them was skeery times". Pleasant Whiting, a small bo y at the time of the war was used by the Union Soldiers a s a "Guinea Pig" in testing the water in the well of the ya rd. Water in some of the wells had been poisoned. After th e soldiers observed no ill effects when the boy drunk the w ater, they would proceed to draw the well dry. Under the di rection of "Mistress" Harrison, Aaron Hilton planted hickor y nuts in the house yard. The nuts had been sent to her fro m England. Three of the trees that survived are there, a s a result of this planting.
    "It has been an interesting experiment trying to reconstruc t the image of a person who has been dead three hundred yea rs. What information exists after that length of time? Wher e can it be found? Well, all of the information about Willi am Justice which still exists consists of a few notations i n the land records of the colony of Virginia in 1656 and 16 63 which were recorded by the clerk of the council at James town, and a few others entered in the court records of Char les City County. From them we can reconstruct a picture o f sorts of our English ancestor.

    First William was from a well-to-do family and was an educa ted individual. These two facts can be deduced from his hav ing appeared in Virginia as a leader of a party of twenty-f our persons. He was well aware before he left home of the s ituation in the colony in which fifty acres of land would b e given for each person transported from England. He had pe rsonal prestige to persuade these people to make the trip u nder his supervision, and last he had to have the money t o pay ships passage across the Atlantic for twenty four peo ple.

    The excerpt from the Virginia Colony Land Patent Book # 4 , page 26 follows:

    THE PATENT TO WILLIAM JUSTICE' PLANTATION:

    TO ALL TO WHOME THESE PRESENTS SHALL COME I EDWARD DIGGS ES QR., GOVR. & CAPT. GENERALL OF VIRGINIA SEND GREETINGE IN O UR LORD GOD EVERLASTINGE.

    WHEREAS BY THE ARTICLES DATED AT JAMES CITTY THE 12TH OF MA RCH 1651 CONCLUDED & SIGNED BY THE COMRS. APPOINTED BY AUTH ORITY OF PARLIMENT FOR THE REDUCINGE, SETTLINGE & GOVERNING E OF VIRGANITT WAS PROVIDED THAT THE PREVILEDGE OF FIFTY AC RES OF LAND FOR EVERY PERSON TRANSPORTED INTO THIS COLONY S HOULD BE CONTINUED AS FORMERLY GRANTED AND WHEREAS BY ACT O F A GRAND ASSEMBLY MADE THE 26TH OF APRILL 1652 IT WAS PROV IDED THAT ALL PATTENTS SHOULD HEREAFTER BE SIGNED UNDER TH E GOVERNORS HAND WITH THE SECRETARIES AND SHALL BE PROVIDE D AND APOINTED.

    NOW KNOW YEE THAT I SAID EDWARD DIGGS ESQR. (Diggs become g overnor March 31, 1658) DOE WITH THE CONSENT OF THE COUNCEL L OF STATE ACCORDINGLY GIVE AND GRANT UNTO WILLIAM JUSTIC E ON THOUSAND ONE HUNDRED AND NINETY EIGHT ACRES OF LAND BE ING A TRACT NEAR FLOWER DE HUNDRED CREEK IN CHARLES CITY CO UNTY BOUNDING SOUTH SOUTH WEST INTO THE WOODS, NORTH NORT H EAST AND NORTH EAST BY NORTH ON THE SAID CREEK, WEST SOUT H WEST A MILE IN BREADTH AT THE HEADS & EAST SOUTH EAST O N THE LAND OF CHENEY BOICE WITH MARKED TREES ON EVERY STATI ON. THE SAID LANDS BEING FORMERLY GRANTED BY PATENT UNTO CA PT. JOHN FRAME BEARING DATE THE FIRST OF SEPTEMBER 1643 AN D DUE UNTO THE SAID WILLIAM JUSTICE AS MARRIEINGE THE DAOUG HTER AND HYR. OF SD. CAPT FRAME, AS ALSO BY AND FOR THE TRA NSPORTATION OF TWENTY FOUR PERSONS INTO THIS COLONY. TO HAV E AND TO HOLD THE SAID LAND WITH HIS DUE SHARE OF ALL MINE S AND MINNERALLS THEREIN CONTEYNED WITH ALL RIGHTS AND PRIV ILEDGES OF HUNTINGE HAWKINGE FISHINGE AND FOWLELINGE WITH A LL WOODS WATERS AND RIVERS WITH ALL PROFFITS COMMODOTIES AN D HEREDITAMENTS WHATSOEVER IN ANNIE WISE BELONGINGE TO TH E SAID LAND TO HIM THE SAID WILLIAM JUSTICE HIS HEYRES OR A SSIGNES FOR EVER IN AS LARGE AND AMPLE MANNER TO ALL INTENT S AND PURPOSES AS IS EXPREST IN A CHARTER OF ORDERS FROM TH E LATE TREASURER AND COMPANY DATED THE 18TH OF NOVEMBER 161 8 OR BY CONSEQUENCE MAY BE JUSTLY COLLECTED OUT OF THE SAM E OR OUT OF THE LETTERS PATTENTS WHEREON THEY ARE GROUNDED . YEILDINGE & PAYEINGE UNTO THE RENT GATHERERS THERETO APOI NTED FOR EVERY FIFTY ACRES OF LAND HERIN BY THESE PRESENT S GIBEN & GRANTED YEARELY AT THE FEAST OF SAINT MICHAEL TH E ARCH ANGEL THE FEE RENT OF ONE SHILLINGE WHICH PAYMENT I S TO BEE MADE SEAVEN YEARES AFTER THE FIRST GRANT OR SEATIN G THEREOF & NOT BEFORE. PROVIDED THAT IF THE SAID WILLIAM J USTICE HIS HEYRES OR ASSIGNES DOE NOT PLANT OR SEAT OR CAUS E TO BEE PLANTED OR SEATED UPON THE SAID LAND WITHIN THRE E YEARS NEXT ENSUEINGE THAT THEN IT MAY & SHALL BEE LAWFU L FOR ANY ADVENTURET OR PLANTER TO MAKE CHOICE & SEATE THER EON. GIVEN UNDER OUR HANDS AT JAMES CITTY THE 26TH DAY OF A PRIL, 1656. THE TWENTY FOUR PERSONS BEING MARY SHERWOOD, RI CHARD LEE, JOHN BARBER, EDMOND JOYNER, MATHEW BAILE, WILLIA M COLEMAN, WM PHILLIPS, JOSEPH ERRENCE, THOMAS HAISTWOOD, A LICE MITCHELL, REBECCA FRAME, FRANCIS NELSON, WILLIAM PRICE , WILLIAM LAWRENCE, MARY LAWRENCE (twice), ANNE LAWERENCE , SARAH LAWRENCE, WILLIAM BALLANCE, JOHN HATLEY, ELIZABET H HEARTH, PEETER PLUMER, AND THOMAS WHITTER."

    This was the patent to William's plantation and he had it r ecorded at Charles City, the county seat of Charles City Co unty. It was recorded in Volume 10 of the Charles City Coun ty Court Orders (1655-1658). We are lucky beyond imaginatio n that the remains of this original volume still exist an d are preserved in the Virginia State Library at Richmond . The land patent volume of Charles City County just precee ding this and the one just after it have long since been lo st.

    When he recorded the patent at the county seat he took tw o witnesses along. They were probably friends just newly ma de for he had not yet settled and they were not on the lis t of those who came with him.

    "REC. 26 APRILL 1656

    WM. JUSTICE HATH PROVED RIGHT BY TESTIMONY OF CAPT. THOMA S STEGGE AND MRS. MARY FFITZGARRETT, TO 1200 ACRES OF LAN D FOR THE CHARGE OF IGNOTA'CON OF:

    MARY SHERWOOD, WM. PHILLIPS, ALES MITCHELL, THO. WHITTIER , REBECCA FFRAME, RICH. LEE, WM COLEMAN, FFRANCIS NELSON, J O BARBER, JOSEPH ERREENE THO. HAIPTWOOD, WM. LAWRENCE, MAR Y LAWRENCE, ARTHUR LAWRENCE, SARA LAWRENECE, W. BALLANCE, J O. HALLEY, ELIZ. HEATH, PETER PLUMER.

    The above is an abstract and your attention is called t o a peculiarity of records on all the american frontier. Ph onetics in spelling were still unheard of and many times th e person keeping the record could barely spell and perhap s the person whose record was being entere could not spel l at all. Therefore very surprising liberties were taken wi th names from place to place, and occasionally a name woul d be spelled differently in two places in the same document.

    To find the location of William's plantation you will nee d a good map of Virginia. Locate the James River which run s from the coast up to Richmond. State Highway 5 runs alon g the north bank of the James from Richmond to Williamsburg . Twenty four miles southeast of Richmond is the town of Ch arles City which is the county seat and is located almost i n the center of the county of the same name. Two miles du e south of Charles City a pennisula juts into the James Riv er. This pennisula has always been known by the Indian nam e "Weynock", which means "place the river goes around". A l ittle creek, which also carries an Indian name, rises on th is pennisula and runs into the river. Its name is Kittawa n Creek -- or Branch.

    Charles City county in William Justice's time was larger th an it is now. At that time it included land on the south si de of the James River which is now Prince George County. I f you will imagine Weynock pennisula as an arrow head point ing to the south bank of the river it points to the spot wh ere William's 1198 acres were located. There is a small cre ek called "Flower de Hundred" which runs into the James a t that point, and the plantation is on the west side of th e creek.

    Charles City County in those days was divided into two pari shes of the Episcopal Church (which was the official stat e church until 1686) with the eastern half of the county bo th north and south of the river being "Weynock" Parish an d the western half on both sides of the river being "Westov er" Parish. William's farm was in Westover on the south sid e of the river, about twenty miles above Jamestown.

    Abstracts of Charles City Court Orders Vo. 10 1655-1658:

    "THE DEPOSITION OF WM JUSTICE AGED 32 YEARS OR THEREABOUT S SWORE THE 8TH OF APRILL 1657 DEPOSETH THAT BEING AT THE P LANTA'CON OF JO GABY THEN DEC'D IN MARCH LAST WAS TWELVE MO NTH WITH EDD FFITZGERALD & FFERDINANDO ASTON THE FENCE OF T HE ORCHARD BY THE HOUSE WAS DOWNE AND FURTHER SAITH NOT. W M JUSTICE
    JUR CORAM ME, THOMAS STEGGE, REC. AUG. 20, 1657."

    The above notation tells us several things. First it give s William's age as "32 or thereabouts". This would make hi m about 30 at the time he arrived in the colony and his dat e of birth about 1625. It is witnessed by William's frien d Thomas Stegge who had witnessed his land patent the yea r before. The obviously were friends and neighbours. Edd Ff itzgerald was also a neighbour. William was himself a witne ss on a court notation in August of 1658 which is recorde d on page 174 of Vol. 10.

    Page 205 Vol. 10 Abstract:

    "DIF BETWEEN RICHARD CARTER PLT. & THOMAS STEVENSON DEFT. T O BE TRIED BY JURY

    JURY IMPANELLED VIDZT:
    FFRAN: DRAYTON (merchant), FFRED ASTON (lt.), WM JUSTICE, W M SANDERS, AUGUSTIN WILLYARD, JOHN FFLOWERS, MORGAN JONES ( capt.), MORIS ROSE (merchant), JOHN HOWELL, WALTER HOLDWORT H.

    THE VERDICT: WE FIND FOR THE PLT. TENN POUNDS OF TOBBO DAMA GES, AND THE DEFEND'T AND HIS WIFE TO ASK THE PLT AND HIS W IFE FORGIVENESS IN OPEN CORT. THE CORT GIVETH JUDGEMENT ACC ORDING TO THIS VERDICT, WITH COST TO BE PAID BY THE DEFEND' T."

    Yes, in 1658 a person was entitled to a trial before a jur y of twelve of his peers -- and like ourselves William go t tabbed for jury duty once in a while. George Potter, jur y foreman is the person to whom William later sold some lan d. FFred Aston on this jury was mentioned in the first depo sition (Age 32 or thereabouts) above. This community was ve ry small -- probably only several hundred in the entire col ony -- and it is reasonable to assume that they were well a cquainted with each other.

    Charles City County Court Orders Vol. 10 (p. 166) 1658-1661:

    "THE DEPOSITION OF WM JSUTICE AGED 35 OR THEREABOUTS SAITH : THT BEING AT THE HOUSE OF EDD FFITZGERALD ABOUT THE BEGIN NING OF 7BER LAST DID HEARE EDD MOSBY SAY THAT HE GAVE HI S MAN THE TAYLOUR SATTERDAYES IN THE AFTERNOONE FOR HIMSELF E THAT FIRST YEAR HE CAME IN, AND FOR W'T HE GOT THAT YEAR E IT MAD A SUM WHEN SHIPS CAME IN AND THE SAYLOURS LAYD I T OUT WITH HIS MASTER CHARLES WHITE THAT BROUGHT HIM IN AN D GOT DIMITY FOR IT AND MADE DRAWERS W'TH IT AND OTHER THIN GS EDD MOSBY SAITH THAT THIS WAS HIS OWNE HE GAVE LEAVE T O TRADE WITH, AND FURTHER YO'R DEPT. SAITH NOT. WM. JUSTICE , JUR IN COR 10 BR 3. 1658, TEST: HOEL PRYSE, REC. 10 BR 7"

    The above is another deposition or sworn statement to be us ed in legal action. It is dated October, 1658 and gives Wil liam's age as "35 or thereabouts" which does not exactly li ne up with the age given before.

    This statement is rather amusing to read although Edd Mosb y and his man the taylour probably did not think so at th e time. Evidently the "man" in question was an indentured s ervant -- one who had bound his self to Mosby for a perio d of years -- probably to repay a debt, and the argument wa s about garments he made on Saturday afternoons and sold t o sailors on the river. Mosby contended the man was not o n his own time and that the merchandise belong to him. Ho w the taylor made out three hundred years ago we'll never k now, but William was a witness for him. The records added:

    "THE DEPOSITION OF WM JUSTICE AGED 35 OR THEREABOUTS SAYTH : THAT BEING AT THE HOUSE OF EDD FFITZGERALD ABOUT THE BEGI NNING OF 7BER LAST YEAR DID HEARE ROBT. TOWSE SAY THAT HE W OULD PROVE THAT EDD MOSBY GAVE HIS MAN THE TAYLOUR TOLERACO N TO TRADE AND FURHT YO'R DEP'T SAITH NOT. WM JUSTICE, JUR . IN CUR 10br 3 1658, TEST: HOEL PRYSE (CLERK), REC. 10b r 7 segu"

    Charles City County had to have operating funds then as a c ounty does today, and so the "tythe", or tax, was levied i n -- thats right -- tobacco, since this was something every body had. The following was the authorization to collec t a tax and a list of the people who were to be paid differ ent amounts for various services rendered the county. The d ate was about November of 1658:

    "Page 252 Vol. 11:

    IT IS ORDERED 77LBS OF TOBACCO BE FORTHWITH LEVIED BY THE S HER(IFF) ON EACH TYTHEABLE AND PAID AS FOLL. VIDZT, (AMON G OTHERS ON A LIST) WM JUSTICE (FOR) 2 DAYS ROWING THE BURG ESSES --00020"

    This notation in the record makes better sense when you rem ember several facts: 1. Each county furnished two Burgesse s (representatives) to the House of Burgesses of the colony . 2. The Burgesses met at Jamestown which was twenty mile s down the river from Charles City and William's riversid e plantation. 3. There were no roads and most transportatio n was by boat, so it looks like by design or accident Willi am had the two Charles City County Burgesses as passenger s on a boat trip on the river. At any rate he was paid twen ty pounds of tobacco for his trouble.

    A short time later, probably the same month judging from th e page numbering in the record book:

    Vol. 11, p. 266 (abstract) "DIF BETW WM JUSTICE PLT AND W M HARRISON DEFT. TO NEXT COURT." (Nov., 1658)

    That is -- consideration of the diffference between Wm Just ice, plantiff, and Wm Harrison, defendent, is deferred to t he next term (or session) of the court.

    Page 317, Vol. 11, 11 May 1661 (abstract): "DEED WM JUSTIC E SELLS WILLIAM HARRISON LAND ON THE WESTERN SIDE OF SOUTHE RN BRANCH OF FLOWER DE HUNDERED" (creek).

    Here Wiliam is selling a part of the land he came to a ne w world to obtain. Who can guess why? To add wonder to th e transaction notice that it was sold to William Harrison , the person with whom he had taken a difference to court i n the preceeding item. This deed in full wording is preserv ed in the original land book in the Virginia State Land Off ice in Richmond, VA. Only lack of time prevented my copyin g it for the record. I shall obtain it some time. You may a lso secure a photostatic copy of it by sending $1.00 to th e Virginia Land Office, Richmond, with a description of wha t you need.

    About the same date (May, 1661) on page 333 is noted:

    "Ordered that Wm Justice be baid 300 lbs. tobbo OUT ESTAT E OF WM CHAMBERLAYNE DEC'D FOR THE SD. CHAMBERLAYNE'S LYCEN CE."

    This notation, like the others, is an abstract (an abreviat ion) of the original court order and any interpretation o f it is an educated guess. You are free to speculate as t o its meaning, however, if you would like my guess is: In t hese days there were no roads in the colony, and the rive r was the earliest means of transportation. Add the additio nal fact that Charles City County was located on both side s of the river, and it seems logical that the county migh t issue a "lycence" to someone to operate a ferry on and ac ross the James. Further, it is my assumption that Wm. Justi ce sold the liscence which he had held to Wm Chamberlayne f or a consideration of 300 lbs. of tobacco, however, Chamber layne died before paying same and our Mr. Justice filed a c laim for this amount with Chamberlayne's executor and the p robate court which the court allowed in the order we have j ust noted. This explanation would further account for the c ourt minutes above which directed that William be paid 20 l bs. of tobacco for "2 days rowing the Burgesses".

    Vol. 12 Charles City County Court Orders 1661-1664, page 3 0 abstract:

    "DEED 30CT 1662 WM JUSTICE, PLANTER, SELLS TO GEO POTTER 39 8 ACRES. WITT: MARY JUSTICE

    PAGE 360 MARY JUSTICE, EXAMINED PRIVATELY, ACKNOWLEDGES AC T & DEED OF WM JUSTICE FOR SALE OF LAND TO POTTER."

    With this deed William disposed of another piece of his Flo wer de Hundred Plantation. Notice the odd number of acres w hich match the "98" acres on the 1198 which were in William 's original grant. Again no indication of why William was s elling part of his land only seven years after coming to th is country. Perhaps it was some of the less desirable lan d in the grant, or since the land tax was payable after sev en years -- perhaps William made the sale to raise money t o pay it, or to dispose of land just before the tax on it w as due. It was sold to George Potter who had been foreman o f a jury William served on as noted above. Notice also tha t at long last William's wife is mentioned to the sale of h er own free will.

    Page 356 Vol. 12 "WILLIAM JUSTICE DOE OFF ERIN ONE NOAT O F 300 ACRES OF LAND BEARING DATE 30 OF NOV., 1662"

    This notation is an abstract like the others and tells wha t was done, but not why. Whose note? and what was it about?

    Page 380 Vol. 12 -- 25 Aprill, 1663 William named for jur y duty again -- grand jury this time.

    The following deeds indicate an interesting turn in William 's thinking. He had just sold some land in October of 166 2 and now in September of 1663, eleven months lter, he boug ht more. Why? Probably more desirable because of location a nd so forth. It was located on the Weynocke peninsula on th e north bank of the river near the town of Charles City, an d nearer the famous plantations of Berkley, Shirley, Westov er, and others. Or maybe he just got a good buy. At any rat e the title was approved by the colonial council at Jamesto wn on the 16th of September, 1663. The land was in two parc els -- one for 21 acres and the other for 143 acres. At thi s time, then he probably retained some 600 acres of his ori ginal grant on the south side of the river, and the new pur chase was about two miles away on the north side. The deed s to the last two purchases follow: (abstract):

    TO ALL ETC. WHEREAS ETC. NOW KNOW YE THAT I THE SAID SIR WI LLIAM BERKELEY KNIGHT -- GOVERNOR, ETC. GIVE AND GRANT UNT O WILLIAM JUSTICE TWENTY ONE ACRES TWO RODS & ELEVEN POLE S OF LAND IN WEYNOCK IN CHARLES CITY COUNTY LYING ON THE NO RTH SIDE OF JAMES RIVER BOUNDIN AS FOLLOWETH BEGINNING A T A STAKE THAT PARTS WILLIAM JUSTICE AND MARGARET HEWES AN D RUNING NORTH BY WEST THREE HUNDRED POLES THEN SOUTH SOUT H WEST ALONG KITTAWAN BRANCH FOURTEEN AND A HALF POLES, THE N SOUTH BY EAST TWO HUNDRED AND NINETY FOUR POLES, THEN EAS T BY NORTH ELEVEN POLES TO THE STAKE IT BEGAN. THE SAID LAN D BEING DUE AND CONFIRMED TO THE SAID JUSTICE BY ORDER OF T HE GENERAL COURT BEARING DATE THE SIXTEENTH DAY OF SEPTEMBE R ONE THOUSAND SIX HUNDRED AND SIXTY THREE. TO HAVE ETC. T O BE HELD ETC. YIELDING AND PAYING ETC. PROVIDED ETC. DATE D (RECORDED) THE TWENTIETH OF OCTOBER ONE THOUSAND SIX HUND RED AND SIXTY FIVE.

    ****

    "TO ALL ETC. WHEREAS ETC. NOW KNOW YE THAT I THE SAID WILLI AM BERKELY KNIGHT VOERNOR ETC. GIVE AND GRANT UNTO WILLIA M JUSTICE ONE HUNDRED & FORTY THREE ACRES AND TWENTY FOUR P OLES OF LAND IN WEYNOCK AT THE HEADS ON THE OTHER SIDE OF K ITTAWAN IN CHARLES CITY COUNTY BOUNDING AS FOLLOWETH BEGINN ING AT A STAKE PARTING WILLIAM LAWERENCE AND WILLIAM JUSTIC E AND RUNNING NORTH BY WEST TWO HUNDRED TWENTY NINE AND A H ALF POLES THENCE ALONG THE CREEK SOUTH WEST HALF WESTERLY F IFTY SEVEN POLES SOUTH BY EAST TWO HUNDERED AND TWELVE POLE S NORTH EAST FIFTY POLES AT THE HEADS NORTH HALF WEST IN T O THE WOODS JOINING TO JOHN CANNON ONE HUNDRED AND EIGHT TW O POLES EAST HALF NORTH EIGHTY POLES TO THE TREE IT BEGAN A T THE SAID LAND BEING DUE AND CONFIRMED UNTO THE SAID JUSTI CE BY ORDER OF THE GENERAL COURT BEARING DATE THE SIXTEENT H DAY OF SEPTEMBER ONE THOUSAND SIX HUNDRED AND SIXTY THRE E TO HAVE AND TO HOLD ETC. TO BE HELD ETC. YIELDING AND PAY ING ETC. PROVIDED ETC. DATED (RECORDED) THE TWENTIETH OF OC TOBER ONE THOUSAND SIX HUNDRED AND SIXTY FIVE."

    A comment or two about the above may be interesting. First , it you wish to know the wording which was replaced by "ET C." it may be had by turning back to the deed for William' s first grant. These pattents were worded much the same, an d by watching for key words such as "To all --", Etc., "Whe reas --", you may then determine the wording which followe d as a matter of form. It is not surprising that these peop le took as many short cuts as possible since these record s were all copied and entered in longhand and must have bec ome very tiresome to the clerk who might be copying the sam e general wording for the three hundredth time. Secondly, i t is interesting to note that Charles II had returned to th e throne of England and Sir William Berkeley had for the se cond time been named to govern the Virginia Colony. Our Wil liam Justice was a British citizen, the colony was British , and its other citizens were British and were to remain s o for another hundred years. Lastly in the deed above for 1 43 acres i t is shown as being located next to William Lawr ence, who in all probability was the same individual of tha t name who William Justice brought over from Great Britain.

    Notice they were granted to him on 16 September, 1663, fou r months after the following:

    COURT ORDERS OF CHARLES CITY COUNTY, VOL. 13, PAGE 529:

    "AT COURT AT WESTOVER 3 FEB. 1664 PROBATE OF WILL OF WM. JU STICE DEC'D TO THOMAS COPELL WHO MARRIED THE RELICT & EXECU TRIX."

    And so that was that. William was dead at age 39 -- just ni ne years after reaching the new world. He had led a very ac tive life. About how he died there is no hint, but in a ra w new land with little or no medicine, with savage indian s throughout the area, and a constant battle against natur e and elements men on average did not live to a ripe old ag e.

    Mary Justice evidently married Thomas Copell, and very soo n after William's death. Quick and repeated marriages wer e common at that time out of sheer necessity of having some one to help care for, and assist one as well as for affecti on.

    Thus was begun a ine of citizens with the name Justice wh o for three hundred years since have followed the America n frontier, migrated into half the states of the nation, fo ught in all its major wars, and general have conducted them selves as average people were conducting themselves from ti me and day and place.

    Is this the end of William? Well, not exactly. In the firs t place there were two sons -- Ralph and Justinian to carr y on the story. And of William himself? Who knows? There ar e many ancient and interesting records carefully preserve d in the Virginia State Library in Richmond, and the cour t house in Charles City. A careful and leisurely search o f these will be almost certain to turn up additional fact s in the gaps in this story.

    There may have been more than two children born to Willia m and Mary Justice in the nine years they were married, bu t if so they may have died young, or the girls, if any, mar ried and changed their names. If William's will were availa ble it might go more into detail, however it appears to b e lost forever. Therefore we are left with only the names o f the two boys who appear in the records -- Ralph and Justi nian.
    General Information:

    ?Family stories say "we came from Wales" - while others sa y England --- Whether from England or Wales, the first name s in this history of the Justice family of Henderson County , N.C. show there was also a Latin influence. the oldest so n of William the First, had the dignified name of Justinian . His line will be partially shown. The son that will be li sted in more detail had the better know Biblical name of Jo hn. In some records the name Justice has been listed as Jus tin, Justis, and even Justus: the Henderson County group es pecially claim there were two distinct families and two dif ferent spellings. The 1850 Census has it spelled only one w ay - Justice, while the 1880 Census lists it both ways. Als o in Early Deeds in Buncombe Co., (parent county of Henders on) we find all deeds are listed as Justice, except two o r three, and even these are spelled Justice when they purch ased the land in 1794 and 1811 respectively, but a few year s later these same deeds are spelled Justus. We are of th e assumption that whoever recorded the deed used his own ma nner of recording, and spelled the name as it sounded to hi m.

    The name is Latin, meaning "just"; the spelling of Justic e thus resulting. The name John is of course Hebrew in orig in, as is Jonathan, and the names have been interchanged th rough many family histories; this one is no exception. Th e two spellings in this county make it a challenge in our r ecording of the Justice Family of Western North Carolina.

    William the First, was born about 1623 in England (one reco rd states...."William Justice, age 35 or thereabouts" - thi s in 1658) and we know he died in 1664/5 in Virginia. He fi rst came to Jamestown, Va., about 1650 and there his fortun e began. From Abstracts of Deeds in Charles City County, VA . we find under date of November 1652 (sic) the following:

    "Know all men by these presents that I , William Justice, d oe for me my heirs and assignes one noat of 300 acres of la nd, part by Capt. John Freme being part of a tract of 1,19 8 Acres of land being on fflorida hundred Creek, this noa t bearing date of 30 November 1652. As witness my hand thi s 6 day of December amo 1660.
    Signed William Justice
    Witness:
    Mark (x) Carter
    James Powell


    William married Miss Mary Fframe (Freeme), born 1630, daugh ter of the aforementioned Captain John Freme. Captain Frem e came to Virginia around 1622 and his Will is probated Dec ember 17, 1655. In Abstracts of Deeds and Gifts, dated Nove mber 3, 1642, Charles City Co., VA. we find John Freme to A rthur Lawrence, William Lawrence and James Lawrence - "20 0 acres which land is parte of a tract of land containing 1 ,198 by apttent granted to me September 1, 1643 up fflorid a hundred creeke. This 300 acres of land lyeth between th e Crosses Creeks Mouth and the runn which comes into fflori da hundred Creeke and runneth south and by east unto the wo ods Signed: John Ffreme Witness: Tho: modye Austin Younge A ugust 3, 1654"

    1656 In Charles City Court Order Book 1655-61..."William Ju stice hath proved right by test. of Capt. Thos. Stegg and M rs. Mary ffitzgarret to 1200 acres of land for charges of i mportacon of Mary Sherwood, William Phillips, Alex Mitchell , thos. Whitter, Mathew Bayle, Rebecca fframe, rich: Lee, W m. Coleman, ffrancis Nelson, Jo Barber, Joseph Errene (ffre me?), Wm Prise, Edmond Joyner, Thos. Hayalwood, Wm. Lawrenc e, Mary Lawrence (twice), Ann Lawrence, Arthur Lawrence, Sa rah Lawrence, Wm. Ballance, Jo:hall




    Marriage 1 Mary Frame b: Abt 1630 in Charles City County, Virginia
    • Married: 26 May 1646 in Weynoke Parish, Charles City County, Virginia 1
    • Change Date: 25 Sep 2005
    Children
    1. Has Children Justinian Justice b: Abt 1656 in Charles City County, Virginia
    2. Has Children John Justice b: Abt 1660 in Westover Parish, Charles City County, Virginia

    Sources:
    1. Abbrev: tree1.ged
      Title: tree1.ged
      Note:
      ABBR tree1.ged
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